Every state has its own system for selecting judges.
Some have appointments by the governor. Some have merit retention elections. Some have traditional elections, and some have hybrid systems merging the other systems into something unique.
Regardless of the particulars, the selection of judges is political.
Judges are selected by the voters or by politicians doing it on behalf of the voters.
Ultimately, in your work, it doesn’t matter how the judges are selected. Just remember that it’s a political process, and political influences determine the outcome of the process: that’s the nature of the game.
It’s helpful to your practice to be influential in the political process that determines who becomes a judge. It’s useful for you to become a player in the game and have a voice in the selection of these individuals. You need to be a part of the process and not just an onlooker or observer.
Why?
Because, no matter how much we might hope it doesn’t matter in the justice system, being involved in the process makes a difference in the way you’re treated by the system.
You’ll see the impact in small ways, like when you’re offered assistance without waiting very long when in a courtroom. You’ll see the impact in larger ways when your relationship with the court results in the judge placing greater trust in your statements than those of opposing counsel. Being engaged in the judicial selection process matters in large and small ways, and it matters to you and to your clients.
How do you get involved?
If it’s an electoral system like we have here in North Carolina, you can donate money to the candidates, volunteer for their campaigns, raise money for their committees, attend parties and fundraisers, and help the campaign in whatever way is required.
In an appointed system, you can get involved in influencing the selection. That might mean writing letters on behalf of candidates, helping in the campaign of the governor or other officials responsible for making the selections, organizing support for candidates, etc. You might even work toward placement on the committees selecting or reviewing the candidates.
If you’re new to figuring out the system in your state, then go ahead and jump in. Get involved in campaigns, start observing public meetings, and dig in and figure out the finances of politics in your area by examining public records. Talk to local political leaders and find out how you can help, and do it with your eyes and ears wide open. You’ll quickly figure out the politics of judicial selection in your jurisdiction.
Some attorneys avoid the political games involved in judicial selection. They aren’t interested, or they aren’t comfortable with the process. You should appreciate their lack of engagement because it leaves the door open for you. Jump in and get started. Being a part of this process will advance your cause and your career.
